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Legal Alerts
09/06/2022

Turkey introduces significant changes to the Planned Areas Zoning Regulation

Legal Alerts
Energy, Mining & Infrastructure

Introduction:

The Regulation Amending the Planned Areas Zoning Regulation (“Regulation”) published in the Official Gazette dated 25 February 2022 and numbered 31761 entered into force on the same date. The Regulation brings additional requirements for architectural projects and sets forth significant provisions regarding rooftop energy panels, water conservation and waste management within the scope of climate change and sustainability.

What does the Regulation say?

The significant amendments set forth in the Regulation are as follows:

  • Provision on solar panels on roofs: Prior to the Regulation, photovoltaic panels could be used as roofing, provided that they remained within the permitted roof slope and did not harm the silhouette of the building. The Regulation repeals the obligation to keep the photovoltaic panels in the roof slope, provided that relevant administration’s approval is obtained. Therefore, the installation of these systems has been facilitated.
  • Principles regarding water saving: Central hot water systems in the buildings will be designed and implemented in a way to include hot water circulation (bypass) installation for water saving. Accordingly, water flow rate will not be more than 6 liters per minute for sinks and 8 liters per minute for shower heads. In addition, irrigation systems in parcel gardens and landscaping projects will be equipped with drip irrigation and rainwater storage systems, as long as the conditions of the relevant region allow.
  • Regulations on waste storage: Areas to be allocated for waste in accordance with the Zero Waste Regulation published in the Official Gazette dated 12 July 2019 and numbered 30829 will be specified in architectural projects. In addition, if sufficient space cannot be found within the relevant parcels, temporary waste storage areas and waste collection equipment of minimum dimensions can be installed within the front and side setback distances of the parcel without requiring a license.
  • Interior design projects to be presented under architectural projects: Interior design projects will be supplemented to the architectural projects to be submitted for airport terminal buildings, hospital buildings with a bed capacity of more than 300, and shopping malls with a building construction area of more than 30,000 m². Interior design projects will not be required for obtaining the building (construction) permits; however, the applicants must submit the interior design project to the relevant administration before obtaining the occupancy permits.
  • Presenting a site list along with the architectural projects: Materials used in space coding and materials included in mechanical and electrical projects will be specified in the “site list” to be included in the annexes of the architectural projects. The properties of these materials should be specified in the site lists in accordance with the legislation and standards.
  • Changes that are not subject to a construction license: Later changes in the interior design projects mentioned above and changes made in the site lists are not subject to a construction license as long as they do not affect the load-bearing system and fire safety of the building.

Conclusion:

The Regulation introduces significant changes to the Planned Areas Zoning Regulation and certain long-awaited criteria for the buildings to comply with the principles of combating climate change and sustainability. In addition, the zoning procedure is now more comprehensive and detailed through the introduction of additional provisions on interior design projects and site lists.